Caveni Digital Solutions

Terms of Service

Last updated: 02/24/2019

 

Overview

Please read these Terms of Service carefully before using the Caveni.com website and all associated properties owned or operated by Caveni Digital Solutions LLC.

Welcome to this website, a service of Caveni Digital Solutions and its subsidiaries (together known as “Caveni”). Please read these Terms of Service (these “Terms”) before you use this website. By using this website, you agree to these Terms.

These Terms apply to the website at Caveni.com and to other the Caveni or Caveni-branded websites that link to these Terms.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Note: These Terms contain a binding arbitration provision that affects your rights under these Terms and are located below under the heading “Binding Arbitration.” You may elect to opt out of arbitration in accordance with the terms of the binding arbitration provision below.

Privacy

Caveni respects the privacy of the users of this website. To understand how Caveni collects and uses information from this website, review the Caveni Website Privacy Policy located at: Caveni.com/privacy-policy

Content Appearing on This Website

You may access content and information on this website, such as text, video, audio, multimedia, and photographs (the “Content”). This Content may be owned by Caveni, by other companies that give Caveni the right to distribute their Content (like website design clients), or by other users of this website. Caveni grants you a limited, non-exclusive, and non-assignable license to view the Content and to use this website for personal, non-commercial purposes as set forth in these Terms. Except for the limited licenses expressly granted to you in these Terms, Caveni and its licensors expressly reserve all other rights and licenses.

This website may not be updated regularly, so some information may not be current. We may post follow-up information to original Content such as blog posts and news stories, and may provide access to original Content in an archive. However, we may not go back and change original Content to reflect new developments. Therefore, before you act on any information you find on this website, you should independently confirm any facts important to your decision.

User-Submitted Content, Feedback, and Suggestions

It is Caveni’s practice not to receive or consider any user-submitted content, feedback, suggestions, ideas, or other submissions. Caveni does not promise to keep anything you submit confidential, nor does Caveni promise to use your suggestion or idea, and Caveni will not compensate you if it does use your suggestion or idea.

Links to Third Party Sites

This website may include links to third-party sites not controlled, owned, or operated by Caveni. Caveni is not responsible for the content of any non-Caveni sites that you may navigate to through links that appear on this website. Caveni also does not guarantee the performance of any products and services provided by the owners or operators of sites that link to this website. A link to another website does not constitute Caveni’s endorsement of that site, nor of any product, service, or other material offered on that site.

You may establish hypertext links to this site so long as the links do not state or imply any affiliation, connection, sponsorship, or approval of you, your enterprise, or your site by Caveni. We do not permit framing or inline linking to our website or any portion of it without written permission.

Ordering Products and Services

You may be able to order certain Caveni products and services through this website. All orders you make through this website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this website.

Copyright Infringement

Caveni is committed to complying with U.S. copyright and related laws, and requires all users of this website to comply with these laws. Accordingly, you may not use this website to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Copyright owners who believe that their rights under U.S. copyright law have been infringed on this website may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.

Trademarks

We do not want anyone to be confused as to which materials and services are provided by Caveni and which are not. The Caveni trademarks displayed on this website, such as Caveni, the Caveni logo and design, and client logos or designs, are registered trademarks and/or service marks of Caveni, Caveni Digital Solutions, or their subsidiaries. Other trademarks appearing on this website or other Caveni sites linked to from this website are the property of Caveni or their respective owners.

Termination

Caveni reserves the right at any time to terminate your use of this website if you fail to comply with these Terms, or any other terms, agreements, or policies that apply to this website. Caveni also reserves the right to discontinue this website at any time for any reason.

Refund Policy / Money Back Guarantee

In any event, any deposited funds for a project shall not be subject to refund after delivery if the initial design concepts are approved, or a change is requested unless Caveni Digital Solutions cancels or terminates your Contract for a reason other than your breach or non-performance.

All refund requests will be fulfilled as per the following arrangement:

You may make a refund request before initial concepts for design are requested. However once you approve or request the initial designs, the refund offer becomes void and refund request will not be entertained.

If request for refund is made before the initial design request, then you would be eligible for Full Refund (less 10% service & processing fee).

If request for refund is made within 24 hours but before the initial design request, you would be eligible for a 66% refund (less 10% service & processing fee).

If request for refund is made between 24-48 hours before the initial design request, you would be eligible for a 33% refund (less 10% service & processing fee).

No refund request will be entertained 48 hours past your initial design request, however since we believe in 100% customer satisfaction you`re encouraged to contact us in case of any concern.

No refund request will be entertained if you have not taken any action on your order for 30 days after placing your order. However, if you want to reactivate your design order, you will be charged a certain fee depending on your project.

No refund requests will be entertained after the final files have been delivered.

All refund requests should be communicated to the support department. Based on the violation of your user agreement Caveni Digital Solutions reserves the right to approve/disapprove your request on an individual case to case basis.

For Design Proficient / Custom packages, refund will be applicable the same as it is on the single packages.

Money back guarantee is based on that the order is placed in good faith. Where a customer has placed design orders with more than one design agency for the same job with the intention to claim refund, we do not consider it a good faith. In such a case we reserve the right to decline a refund request.

To assure your refund request is approved, please make sure you meet the following requirements

Claim your refund specifying your concern by contacting us via Caveni.com/contact

We will try to resolve your concern by virtue of our revision policy immediately or else will email you a refund request approval from our refund department. After the refund, your design rights would be obtained by Caveni Digital Solutions and you would not be able to display any version of the design sent by company.

Let us also specify that:

Since the design rights would now be transferred to the company, you agree that you will have no right (direct or indirect) to use any response or other content, work product or media, nor will you have any ownership interest in or to the same.

Working in collaboration with the Government Copyright Agencies Caveni Digital Solutions would share Copyright Acquisition information for the refunded designs that would restrict the re-use of the designs as original designs in the future. If you have any questions or concerns about our Refund Policy, please contact us by clicking here Caveni.com/contact

Quality Assurance Policy

In order to provide you the desired satisfaction, our designers don’t deviate from the specifications provided by you. The designs are created after a thorough research which ensures the design quality and uniqueness.

Record Maintenance

We keep a record of your finalized design once we provide you the final files. If you require the final files again in the future we can send them to you at your request.

Communication Policy

YOU agree that Caveni Digital Solutions is not liable for any correspondence from email address (es) other than the ones followed by our own domain i.e. “..@caveni.com” or/and any toll free number that is not mentioned on our website. Caveni Digital Solutions should not be held responsible for any damage(s) caused by such correspondence. We only take responsibility of any communication through email address (es) under our own domain name or/and via phone i.e. already mentioned on Caveni.com.

Access to Information

To access Caveni Digital Solutions services you may be asked to provide certain registration details or other information. By accepting these terms & conditions, you hereby acknowledge that all the information provided by you will be correct, current, and complete. If Caveni Digital Solutions believes the information that you have provided is not correct, current, or complete, Caveni Digital Solutions has the right to refuse your access to any services or any of its resources, and to terminate or suspend your account at any time.

Caveni Digital Solutions is operating utilizing a PCI DSS compliant company; therefore it is authorized to keep your credit card information on file that can be used for any recurring service, additional development hours, server or network equipment required to develop or launch your website without any prior notification. However, our representatives always bring this in knowledge so that you are aware about all the processes.

Exclusion of Warranties

Because of the number of possible sources of information available through this website and the uncertainties of electronic distribution, there may be interruptions, delays, omissions, inaccuracies, or other problems with this information. If you rely on this website or any material available through it, you do so at your own risk. You understand and agree that the website is provided to you “as is,” “with all faults,” and “as available.” Caveni and its agents and licensors cannot and do not warrant the accuracy, completeness, usefulness, timeliness, noninfringement, merchantability or fitness for a particular purpose of the information available through this website. Caveni and its agents and licensors cannot and do not warrant that the website will continuously be available or free of errors, viruses, or other harmful components. Because some states do not permit the exclusion or limitation of certain warranties, these exclusions and limitations of warranties may not apply to you.

Limitation of Liability

  1. For purposes of this limitation of liability provision, “Caveni” refers to not only Caveni Digital Solutions LLC, but also its parents, subsidiaries, affiliates, predecessors, successors, and assigns, and each of their respective officers, directors, employees, and agents.
  2. You waive the right to assert a claim against Caveni more than twelve (12) months after the first event or fact that gives rise to the claim.
  3. Except as expressly provided in these terms, in no event shall Caveni be liable to you or to any third party for any damages arising or resulting from any interruption in or disruption to this website. In no event shall Cavenibe liable to you or to any third party for any indirect, incidental, or consequential damages (including but not limited to lost data, lost profits, or lost business opportunities), regardless of the legal theory, regardless of whether such damages were foreseeable, and regardless of whether Caveni was advised of the possibility of such damages. In no event shall Caveni’s aggregate liability arising out of or relating to these terms exceed the greater of: $2,500 or three (3) times the aggregate amounts paid or payable by you to Caveni pursuant to these terms in the twelve (12) months preceding the event that gave rise to the claim. Notwithstanding the foregoing, the limitations of liability in this paragraph shall not apply to injuries: to the body or person; or caused by Caveni’s willful, malicious, reckless, or grossly negligent acts or omissions
  4. These limitations of liability shall survive the termination of these terms. Because the law regarding limitations of liability varies by state, these limitations of liability may not apply to you. Notice to New Jersey consumers: these limitations of liability apply in New Jersey.

Indemnification

You agree to indemnify, defend, and hold harmless Caveni (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of these Terms. Notwithstanding the foregoing, Caveni will not seek indemnification from you for any losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from its own conduct. Caveni reserves the right, at its election, to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Caveni in connection with our defense.

Binding Arbitration

  1. Purpose. For users of this website, any Dispute (as defined below in these Terms) involving you and Caveni shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Binding Arbitration provision shall be broadly interpreted.
  2. Definitions. The term “Dispute” means any and all claims or controversies related to this website, including but not limited to any and all: (1) Claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) Claims that arose before these Terms or any prior agreement; (3) Claims that arise after the expiration or termination of these Terms; and (4) Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Binding Arbitration provision, “Caveni” means Caveni and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to this website.

Notwithstanding the foregoing, disputes relating to the scope, validity, or enforceability of this binding arbitration provision will not be subject to arbitration.

  1. Right to Sue in Small Claims Court. Notwithstanding anything in this Binding Arbitration provision to the contrary, either you or Caveni may elect to bring an individual action in small claims court if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
  2. Right to Opt Out. If you do not wish to arbitrate disputes, you may decline to have your disputes with Caveni arbitrated by notifying Caveni in writing within 30 days of your first access to or use of this website, by visiting www.Caveni.Com/contact. Your written notification to Caveni must include your name, address and email or telephone number as well as a clear statement that you do not wish to resolve disputes with Caveni through arbitration. Your decision to opt out of this binding arbitration provision will have no adverse effect on your relationship with Caveni or your use of this website or services provided by Caveni. Any opt-outs submitted after this period will not be considered effective. If you have previously opted out of arbitration with Caveni, you do not need to do so again.
  3. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). You may deliver any required or desired notice to Caveni by electronic mail via Caveni.com/contact
  4. Arbitration Procedures. This Binding Arbitration provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Binding Arbitration provision that is in effect when you notify Caveni about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Binding Arbitration provision and the rest of these Terms, this Binding Arbitration provision shall govern. If there is a conflict between this Binding Arbitration provision and the AAA rules, this Binding Arbitration provision shall govern. If the AAA will not administer a proceeding under this Binding Arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Binding Arbitration provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and Caveni agree otherwise, any arbitration hearing will take place in Philadelphia, Pennsylvania. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
  5. Waiver of Class Actions and Collective Relief. There shall be no right or authority for any claims to be arbitrated or litigated on a class action, joint or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (such as a private attorney general), other subscribers, or other persons. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. This waiver of class actions and collective relief is an essential part of this binding arbitration provision and cannot be severed from it. The remaining portions of this binding arbitration provision are not essential parts of this binding arbitration provision and can be severed from it by a court of competent jurisdiction.
  6. Arbitration Fees and Costs. If your claim seeks more than $10,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA rules. If your claims seek less than $10,000 in the aggregate, the payment of the AAA’s fees and costs will be Caveni’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules and you shall reimburse Caveni for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Binding Arbitration provision to the contrary, Caveni will pay all fees and costs that it is required by law to pay.
  7. Continuation. This Binding Arbitration provision will survive the termination or expiration of these Terms.

Waiver of Jury Trial

Whether in court or in arbitration, you and we agree to waive the right to a trial by jury.

Miscellaneous

To obtain access to certain services on our website, you may be required to register. As part of any such registration process, you may be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. Caveni reserves the right to reject or terminate any username that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.

The Terms constitute the entire legal agreement between you and Caveni and govern your use of this website, and completely replace any prior agreements between you and Caveni in relation to this website.

Upon termination of these Terms for any reason, Caveni and its suppliers reserve the right to delete all your data, files, electronic messages, or other information that is stored on Caveni’s or its suppliers’ servers or systems. Caveni shall have no responsibility whatsoever for the loss of any such data.

You agree that Caveni may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on this website.

You agree that if Caveni does not exercise or enforce any contractual or legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of Caveni’s rights and that those rights or remedies will still be available to Caveni.

You acknowledge and agree that each member of the group of companies of which Caveni Digital Solutions LLC is the parent shall be third-party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third-party beneficiaries to the Terms.

The Terms, and your relationship with Caveni under the Terms, shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Philadelphia, Pennsylvania, in all disputes arising out of or relating to the Terms or this website that are not subject to the Binding Arbitration provision above.

At certain places on this website there may be additional or other terms and policies that apply to your use of this website and the services on it. By using the website or those services, you agree to abide by those terms and policies. We may change those terms and policies from time to time. By continuing to use the website after we post any changes, you accept and agree to those terms and policies, as modified.

By using this website, you agree to abide by these Terms. We may change these Terms from time to time. By continuing to use the website after we post any changes, you accept and agree to these Terms as modified.